Appeals court halts execution over competency issue

A Bryan judge Tuesday rejected an effort to halt next week's execution of convicted killer Marcus Druery so the one-time tire repairman and ranch hand's mental health could evaluated by psychiatrists.

A Bryan judge Tuesday rejected an effort to halt next week's execution of convicted killer Marcus Druery so the one-time tire repairman and ranch hand's mental health could evaluated by psychiatrists.

Photo: TDCJ

Photo: TDCJ

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A Bryan judge Tuesday rejected an effort to halt next week's execution of convicted killer Marcus Druery so the one-time tire repairman and ranch hand's mental health could evaluated by psychiatrists.

A Bryan judge Tuesday rejected an effort to halt next week's execution of convicted killer Marcus Druery so the one-time tire repairman and ranch hand's mental health could evaluated by psychiatrists.

Photo: TDCJ

Appeals court halts execution over competency issue

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The Texas Court of Criminal Appeals has granted a stay to convicted killer Marcus Druery, who had been scheduled to die Wednesday.

The 32-year-old has been diagnosed as schizophrenic by prison and private doctors. On Tuesday, a Brazos County judge refused to order a psychiatric evaluation to determine whether the inmate can understand his legal situation.

The appeals court released an order Friday afternoon halting the execution and saying that further review of Druery's competence was necessary.

"We are pleased that the Texas Court of Criminal Appeals stayed the execution of Marcus Druery to allow for careful consideration of our request for a competency hearing," Black said in a statement shortly after learning of the stay. "The State has never contested the fact that Mr. Druery suffers from a psychotic disorder, which has been diagnosed by the State's own experts. Executing Mr. Druery, who lacks a rational understanding of his punishment, would stand in clear violation of the Constitution. We are hopeful the Court will find that Mr. Druery is entitled to a full and fair hearing to present the evidence of his severe psychosis and establish his incompetence to be executed."

Brazos County District Attorney Bill Turner said prosecutors do not dispute that Druery has a mental disorder, but they believe he's competent enough to face execution.

"We anticipated the appellate courts would take a look at it before the execution proceeded," Turner said in an interview Friday.

Druery, who has been on death row for almost six years, was to be executed for the 2002 robbery-murder of Skyyler Browne. The 20-year-old's burned body bearing gunshot wounds was found floating in a Brazos County stock pond. He had been robbed of money, his cell phone and some marijuana. Druery and Browne were students at Texas State Technical College in Waco.